SP0173, LD 441, item 1, Resolve, Directing the Public Utilities Commission To Develop a Plan To Reform Water Regulation

Resolve, Directing the Public Utilities Commission To Develop a Plan To Reform Water Regulation

Sec. 1. Regulatory reform plan. Resolved: That the Public Utilities Commission, referred to in this resolve as "the commission," shall develop a plan to reform water regulation in the State in accordance with the following.

1. The plan must be consistent with the following:

A. Regulatory burdens must be the minimum necessary to protect the public welfare;

B. Regulatory reform may not relieve any provider from complying with environmental obligations under either state or federal law, including but not limited to those relating to the safety of drinking water;

C. Regulatory reform may make distinctions between water utilities based on the utilities' available resources and expertise, as well as on the form of local governance; and

D. Regulatory reform must ensure the continued adequacy of consumer protection regulation, including the maintenance of appropriate limitations on disconnection and collection practices, and must ensure that consumers have adequate mechanisms available to them to resolve complaints fairly and promptly.

2. In developing the plan, the commission:

A. Shall seek input from interested parties but is not required to conduct an adjudicatory proceeding; and

B. Shall examine the current regulatory structure in accordance with the requirements in subsection 1 and may not presume existing laws and rules are appropriately designed for the current competitive environment.

3. The commission shall submit its plan to the Joint Standing Committee on Energy, Utilities and Technology no later than December 31, 2013. The plan must describe necessary changes to law, rules or procedures and any other necessary actions to implement the plan. To the maximum extent practicable, the commission shall establish target dates for implementation of the elements of the plan no later than 90 days after the adjournment of the Second Regular Session of the 126th Legislature. The commission shall include with the plan a draft of any legislation necessary to implement the plan and, consistent with the requirements of the Maine Revised Statutes, Title 5, chapter 375, changes to rules necessary to implement the plan.

The Joint Standing Committee on Energy, Utilities and Technology may report out a bill to reform water regulation to the Second Regular Session of the 126th Legislature; and be it further

Sec. 2. Action on filings. Resolved: That, consistent with the purposes of this resolve and the requirements in section 1, the Public Utilities Commission shall seek to process any filings submitted by water utilities for exemptions under the Maine Revised Statutes, Title 35-A with as much deliberate speed as possible, within the constraints of existing resources.

summary

This resolve directs the Public Utilities Commission to develop a plan to reform water regulation and report to the Joint Standing Committee on Energy, Utilities and Technology no later than December 31, 2013. The Joint Standing Committee on Energy, Utilities and Technology may report out a bill to reform water regulation to the Second Regular Session of the 126th Legislature. It also directs the commission to seek to process any filings submitted by water utilities for exemptions under the laws governing utilities with as much deliberate speed as possible, within the constraints of existing resources.

SP0173 LD 441	Session - 126th Maine Legislature		LR 1745 Item 1
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